Buadromo v Minister for Immigration and Border Protection [2017] FCA 1592

FEDERAL COURT OF AUSTRALIA

Buadromo v Minister for Immigration and Border Protection [2017] FCA 1592 File number: NSD 1392 of 2017

Judge: FLICK J

Date of judgment: 21 December 2017

Catchwords: ADMINISTRATIVE LAW – review of Assistant Minister's decision not to revoke visa cancellation decision – where Applicant made submissions to the Assistant Minister – where Assistant Minister did not make express findings with respect to certain considerations – whether consideration properly given to submissions made – whether failure to give proper, genuine and realistic consideration – consideration of approach to be taken in reviewing reasons for decision of an administrative decision maker – consideration of need not to trespass into merits review PRACTICE AND PROCEDURE – where Applicant referred to pro bono legal assistance – whether discretion should be exercised such that costs are paid directly to pro bono lawyers

Legislation: Acts Interpretation Act 1901 (Cth) s 25D Migration Act 1958 (Cth) ss 501, 501CA, 501G(1) Federal Court Rules 2011 (Cth) rr 4.12, 4.19

Cases cited: 4nature Inc v Centennial Springvale Pty Ltd [2016] NSWLEC 121, (2016) 218 LGERA 289 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184, (2003) 236 FCR 593 Ayoub v Minister for Immigration and Border Protection [2015] FCAFC 83, (2015) 231 FCR 513 Belmorgan Property Development Pty Ltd v GPT Re Ltd [2007] NSWCA 171, (2007) 153 LGERA 450 Berryman v Minister for Immigration and Border Protection [2015] FCA 616, (2015) 235 FCR 429 Chancliff Holdings Pty Ltd v Bell [1999] FCA 1783 Commissioner of Taxation v Pham [2013] FCA 579, (2013) 134 ALD 534 Dunn v Minister for Immigration and Border Protection [2016] FCA 489 East Melbourne Group Inc v Minister for Planning [2008] VSCA 217, (2008) 23 VR 605 Fraser v Minister for Immigration and Border Protection [2014] FCA 1333 Hindi v Minister for Immigration and Ethnic Affairs (1988) 20 FCR 1 Islam v Cash [2015] FCA 815, (2015) 148 ALD 132 Khan v Minister for Immigration and Ethnic Affairs (unreported, FCA, Gummow J, 11 December 1987) King v Minister for Immigration and Border Protection [2014] FCA 766 Malek Fahd Islamic School Ltd v Minister for Education and Training (No 2) [2017] FCA 1377 Minister for Immigration and Border Protection v Nguyen [2017] FCAFC 149 Minister for Immigration and Citizenship v SZJSS [2010] HCA 48, (2010) 243 CLR 164 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 Minister for Immigration and Ethnic Affairs v Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32, (2004) 78 ALJR 992 Minister for Immigration and Multicultural Affairs v Anthonypillai [2001] FCA 274, (2001) 106 FCR 426 Minister for Immigration and Multicultural Affairs v Eshetu [1999] HCA 21, (1999) 197 CLR 611 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30, (2001) 206 CLR 323 MZZMG v Minister for Immigration and Border Protection [2015] FCAFC 134, (2015) 234 FCR 180 Reece v Webber [2011] FCAFC 33, (2011) 192 FCR 254 Roesner v Minister for Immigration and Border Protection [2015] FCAFC 132 Salahuddin v Minister for Immigration and Border Protection [2013] FCAFC 141, (2013) 229 FCR 290 Sevdalis v Director of Professional Services Review [2017] FCAFC 9 Soliman v University of Technology, Sydney [2012] FCAFC 146, (2012) 207 FCR 277 Stevens v Minister for Immigration and Border Protection [2016] FCA 1280, (2016) 153 ALD 346 Swift v SAS Trustee Corporation [2010] NSWCA 182, (2010) 6 ASTLR 339 Tewao v Minister for Immigration and Citizenship [2011] FCA 1515